![]() Honored by his county, Edison policeman acquitted on township charges
Jacob Kamaras THE JEWISH STATE June 19, 2009
Middlesex County gave Joe Kenney high honors for saving the life of a driver in a serious car accident. Edison Township, however, wasn't so quick to thank the veteran police officer. More than 200 people packed Edison's municipal court building June 4 to show their support for Kenney, who was acquitted during a public hearing on charges of insubordination and criticism of official acts or orders. Part of the Edison police force for over 23 years, Kenney was placed under the microscope because he questioned a superior for not helping his rescue effort. By winning his case, Kenney avoided a five-day suspension from the police force. Rabbi Dr. Bernhard Rosenberg of Congregation Beth El in Edison, a local police chaplain for 14 years, reached out to politicians and police officers statewide on Kenney's behalf. Rosenberg also publicized Kenney's case by regularly calling in the matter to the WCTC-1450 radio station in New Brunswick. "Police officers in general approach me when they have problems of this nature and when they need assistance via moral support and media support," Rosenberg said. "They all know me and they all turn to me." On July 3, 2008, Kenney was on routine patrol when Sgt. Alex Gilinsky dispatched him to a smoldering and overturned car in Edison. Two Rutgers students of Indian ethnicity were trapped and hanging upside down by seatbelts, and Kenney managed to save one of their lives. For his actions, Kenney earned a Valor Award May 20 from the 200 Club of Middlesex County, a service organization that assists the families of police, firefighters, and emergency service workers with scholarships and other programs. Kenney incurred severe burns from the rescue effort, and was distraught because he had reached out to Gilinsky on the scene but received no assistance. On the day of the accident, he asked Gilinsky why he wouldn't enter the car with him, and Gilinsky responded, "Why did you get [the trapped man] out of the car, they were both [expletive] dirty Indians." The following day (Jul 4, 2008) at the police department's "muster room," where officers plan their duties, Kenney questioned Gilinsky's behavior in front of a group of cops and their supervisors. The Edison Police Department brought the insubordination charges Nov. 7, and the trial was pushed back several times until its final date this month. Edison Police Director Brian Collier, who officiated the hearing, dismissed the case against Kenney because the town violated what is known as the "45-day Rule" in pursuing the charges. According to New Jersey state law, public offices must bring charges against their employees within 45 days of having sufficient information to charge. Tim Smith, Kenney's attorney, successfully argued that because Gilinsky reported the accusations to Police Chief Thomas Bryan July 8 and Kenney was not formally served with the charges until Nov. 7, the 45-day window had significantly passed and the charges were invalid. "As police director, I am ultimately responsible for the overdue documents," Collier said after issuing his verdict. After the hearing, Kenney said the Police Department had not authorized him to comment on the proceeding. Despite Kenney's legal victory, his wife Robin said that she won't soon forget the emotional wounds that the episode inflicted. "Joe is a man of integrity and a man of the people," Robin Kenney said after the hearing. "[The Police Department held this trial because] he has grey hair and they didn't want him on the job anymore. I am furious that they humiliated my husband, and for the stress they have caused us over this year." In her opening statement, attorney Littie Rau, representing Edison, argued that this case was not about Joe Kenney's heroism, but strictly an evaluation of his conduct at the police station the day after the accident. In the muster room, Joe had accused Gilinsky of being "derelict in his duties as an officer and a human being." Rau said that instead of embarrassing Gilinsky in front of other officers, Joe should have explored other available avenues to express his feelings. Since Joe is a veteran leader among the police force who should set an example for his colleagues, his behavior was unacceptable, Rau said. "Officer Kenney should have known that you don't disrespect the rank and dress down supervisors at muster," Rau said. Smith, however, argued that it was unreasonable to expect Kenney to ignore his emotions about the previous day's "horrific" accident while discussing the matter in the muster room. After all, muster rooms are intended to be places where officers can address their grievances openly, Smith said. "That's what muster rooms are for," Smith said. "It's where you debrief. It's where you talk. It's where you air things out among men." Kenney didn't even use any profanity in his criticism of Gilinsky, Smith added. The courtroom erupted in applause when Collier announced the verdict in Kenney's favor. "It's very refreshing to see the law adhered to in a complete fashion, and I commend Director Collier for treating this matter competently and intelligently," Smith said in an interview after the hearing. Responding to Collier's decision, Bryan said he believed the Edison Police Department never violated the 45-day Rule because its full internal investigation of the muster room incident was completed less than 45 days before Kenney was served with charges. "[Smith] clouded the issue with things that weren't really the issue," Bryan said in a telephone interview. |